Ending a month-to-month tenancy in Virginia

The rule in Virginia

To end a month-to-month tenancy in Virginia, the notice period is 30 days, set by Va. Code § 55.1-1253(A). The words: “The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date unless the rental agreement provides for a different notice period.” The same period binds the tenant: the statute gives landlord and tenant one rule.

Of the 29 states verified on this site, 3 require less notice and 4 require more, counting a month as 30 days for comparison; the median is 30 days. 21 others land on the same length, among them Arizona, Florida, Idaho and Illinois.

Worked date: a notice delivered on November 10, 2026 runs its 30 days on December 10, 2026. Because the statute ties the end to a rental period, the earliest date the tenancy can end is the next rent day, January 1, 2027, which is 52 days after delivery.

The day of delivery matters where the end must fall on a rental date. To end the tenancy on January 1, 2027, the notice has to arrive by December 2, 2026; one delivered a day later, on December 3, 2026, runs to the following rent day, February 1, 2027, 60 days away. These dates assume rent is due on day 1 of each month, which the lease can change.

Across the border, among neighbours with a verified rule: Maryland requires 60 days, North Carolina requires 7 days and West Virginia requires one month.

The rental agreement may set a different notice period.

After the notice: the landlord then has 45 days to return the security deposit (deposit rules), so a tenancy ending on January 1, 2027 puts the deposit deadline at February 15, 2027; rent that falls due before the end date is still owed, and Virginia's late-fee rule is 10% of the periodic rent or 10% of the balance owed, whichever is less (late fees).

Source: Virginia Law, Va. Code § 55.1-1253 · last checked October 21, 2026.

Giving or receiving notice

The statute sets the shortest period; a lease can add conditions such as a written form or a delivery method, and some cities add their own rules. The guide on ending a month-to-month tenancy compares how the verified states count the period.